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Jammu and Kashmir Court March 2016 Judgments

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Mar 28 2016

Abdul Gani Wani Vs. State of JandK and Others

Court: Jammu and Kashmir

Decided on: Mar-28-2016

1. Petitioner seeks quashment of two orders (i) Order No.113 of 2000 dated 21.02.2000 whereby petitioner has been demoted to the rank of Warder and (ii) Government Order No.Home-42(Jail) of 2002 dated 28.01.2002 whereby first order (i) dated 21.02.2000 has been upheld. Further also seeks quashment of the entire enquiry proceedings; and Seeks issue of mandamus so as to command respondents to release all consequential benefits including the monetary benefits in favour of the petitioner. 2. Precise factual matrix: Petitioner was Selection Grade Warder posted at District Jail Baramulla in the month of October, 1997. He was night duty officer on the intervening night of 19/20th October, 1997. It is during the said intervening night of 19/20th October, 1997 one undertrial prisoner namely Abdul Malik S/o Syed Shahid Malik, R/o Karachi, Pakistan lodged in the District Jail Baramulla in connection with case FIR No.45/1997 under Section 45 F.A, P/s Kupwara escaped from the custody allegedly due ...


Mar 28 2016

Raj Kumar Vs. Union of India and Others

Court: Jammu and Kashmir

Decided on: Mar-28-2016

1. Vide Order dated 28.02.2000 passed by Commandant, 108 Bn. BSF, petitioner has been dismissed from service w.e.f 28.02.2000. Vide order dated 25.06.2002 passed by Director General of BSF, the appeal filed by the petitioner against the order dated 28.02.2000 has been rejected. Quashment of the said orders and of the Summary Security Force Court proceedings is sought with a further direction to the respondents to consider the case of the petitioner for re-instatement and to pay him salary and all other consequential benefits after treating the period from the date of dismissal to the date of joining as on duty. 2. Petitioner was appointed as constable on 14.04.1986. He under No.860016676 as constable was promoted to the post of Lance Naik in the year 1993. In the year 1997, he met with an accident and suffered head injury as such developed neuro-psychiatric problem. He was placed under low medical category CEE(Temporary) for six months w.e.f. 12.06.1998. He had been sent to Ftr, Hospit...


Mar 16 2016

Zahida and Others Vs. Union of India and Others

Court: Jammu and Kashmir

Decided on: Mar-16-2016

(This Judgment Delivered at Srinagar Bench) Oral: One Shabir Ahmad Khan filed this petition challenging the order passed by respondent no. 2 whereunder he was removed from service. During the pendency of this writ petition the petitioner Shabir Ahmad Khan died and his legal representatives have been substituted as writ petitioners. Shabir Ahmad Khan (for short deceased ) was appointed as Constable in Central Reserve Police Force (CRPF) on 5th April, 1997. He was given Belt No. 973361401 of 5 Bn. on 3rd June, 2002. The deceased was deputed to Dett Hqr, Amarpur in the capacity of a member of SOG Platoon. The deceased was granted 60 days leave on 2nd September, 2002. The deceased before proceeding on leave deposited the ammunition except one Magzine and twenty rounds of Insas rifle. As per pleading of the deceased in the writ petition, he in hurry and mental tension, forgot to deposit one Magzine and twenty rounds of Insas rifle with the concerned authority. It is further pleaded that aft...


Mar 10 2016

Ashiq Hussain Farash Vs. State and Others

Court: Jammu and Kashmir

Decided on: Mar-10-2016

Oral: 1. Following reliefs are sought in this writ petition: In the premises it is therefore prayed that this Hon ble Court may pass an appropriate order or direction one in the nature of: Certiorari quashing the impugned communication letter to the extent of ex-gratia amount as the same is not in consonance with rules and regulations and the respondents deserve to be directed to pay ex-gratia relief of Rs. 20,00,000/- in favour of the petitioner. Certiorari to quash impugned order dated 11.11.2011 to the extent it denies ex-gratia relief of Rs. 20,00,000/- for petitioner to offer him appointment as class-IV. Mandamus commanding the respondents to offer appointment to the petitioner against class IV vacancy in any Govt. Department. 2. Despite opportunities, Reply Affidavit has not been filed till date. Even, learned counsel for the respondents, has not come up with a stand in terms of Court order dated 24th July, 2015, which is taken note of: Mr. Shah seeks and is granted three weeks ...


Mar 09 2016

Bujo Devi Vs. State and Others

Court: Jammu and Kashmir

Decided on: Mar-09-2016

1. Petitioner was owner of the land measuring 33 kanals covered by Khasra No.22 min situated at Village Rampur Tehsil Hiranagar. Vide Mutation No.66 attested under Section 4 of the Agrarian Reforms Act, 1976 (for short the Act ) on 18.01.1980 on spot in presence of the villagers, Respondent No.3-Pareeto has been found to be a tiller cultivating the land on behalf of the owner against the payment of 1/4th of the produce. Thereafter vide Mutation No.132 attested at Camp Rampur on 27.11.1999 under Section 7 of the Act, 1/4th i.e. 9 kanals and 18 marlas have been allowed to be resumed in favour of the petitioner-landlord. When infact 8 kanals and 5 marlas would be 1/4th of the total land. 2. Petitioner-ex landlord challenged the mutation No.66 attested under Section 4 of the Act on 18.01.1980 in the year 2005 by instituting an appeal captioned Bujo Devi vs. Pareeto on 15.01.2005 before the Appellate Authority i.e. Additional Deputy Commissioner with the powers of Commissioner, Agrarain Ref...


Mar 04 2016

Anil Sharma and Others Vs. Darshan Lal and Others

Court: Jammu and Kashmir

Decided on: Mar-04-2016

Oral: 1. These Revision petitions are directed against the orders dated 05.06.2009 passed by the trail court (Munsiff, Akhnoor) in two suits captioned: (i) Durga Dass vs. Anil Sharma and ors. (ii) Durga Dass vs. Krishan Lal and ors. 2. Two separate applications filed in the said two suits seeking dismissal of the suits on the count of having abated for want of substitution of legal heirs of deceased (defendant No.4 therein). 3. For appreciating the controversy in its right perspective, it shall be advantageous to notice precisely the factual background which has given rise to the Lis and to the consequential orders impugned. 4. One-Parkasho Devi (defendant No.4 in both the two suits) had sold land measuring 3 kanal and 14 marlas covered by Survey No.915 min situated at Village Gurha Brahmana, Tehsil Akhnoor vide Sale Deed dated 28.03.2005 in favour of Anil Sharma and Sushil Sharma (defendants No.1 and 2 in Suit No.1) who in turn on 01.07.2005 executed a Gift Deed for the same land in f...


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